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HomeMy WebLinkAboutOrdinance 46580 ORDINANCE NO, 4658 AN ORDINANCE APPROVING VAC 04-1255 SUBMITTED BY TIM MADDOX FOR PROPERTY LOCATED ON THE EAST SIDE OF 2553 FERGUSON AVENUE AS DESCRIBED ON THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes, and WHEREAS, the City Council has determined that the following described easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described six foot portion of utility easement: See Exhibit "A" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "B" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. PASSED and APPRthis 21" day of December, 2004. ATTEST: By: ;FAYETTEVILLE; By: SMITH, DAN COODY, I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illu IIIII IIII IIII Recorded: 02/01/20050atT002.07:58 PH Fee Amt: t $14.00 A 1 of 3 eeh1naCountyv.. AR Bette Stamos Circuit Clerk Pile2005-00004789 EXHIBIT p6A" LOT 41, CEDARWOOD ADDITION -PHASE I, FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORD 8-111, ON FILE IN THE WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF SAID LOT 41; THENCE S86°23'06"W 31.92 FEET; THENCE N03036'5419W 7.50 FEET TO THE POINT OF BEGINNING; THENCE N03036'54"W 2.50 FEET; THENCE N86°23'06"E 18.93 FEET; THENCE N06°21'25"W 27.74 FEET; THENCE N83038535"E 6.00 FEET; THENCE S06°21'25 E 30.53 FEET; THENCE S86°23'06"W 25.05 FEET BACK TO THE POINT OF BEGINNING CONTAINING 239.81 SQUARE FEET MORE OR LESS. z bl' o^'ry LOT 41 / GEDARM= ADDITION C-XIS11NO DRIVEWAY exsmnN& NOUW L tO' IJiIUTY LI u O' w I 9r e 3 Z SITE PLAN A REMOD6. FOR, g HANKS RESIVENGE =AM PM%&JSM AYMMM P°AYErMVILLL, ARKANSAS R.G.P. EX19T1' FENCE • Washington County, AR I certify this instrument was filed on 02/01/2005 02:07:58 PM and recorded in Real Estate File Number 2005-OOP04789 Bette St ps - Circu' Clerk by a Iz4-�) y6s� CITY COUNCIL AGENDA MEMO ✓f}C 0Q-)d.55' //4am t .5 / FA�4u sd n AAI."I u.t To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: December 3, 2004 Subject: Easement Vacation for Hanks (VAC 04-1255) Planning Staff recommends approval of an ordinance vacating a portion of an existing utility easement located at 2553 Ferguson Ave. BACKGROUND This utility easement was platted with the Cedarwood Addition Phase I in 1979. Part of this 25' general utility easement is currently utilized by the City of Fayetteville and contains a 36" drainage pipe. DISCUSSION The applicant has submitted the required notification forms to the adjacent property owners. No adjoining property owners object to the vacation of this easement. The Transportation Department has inspected the location of the drainage pipe and found that it is currently located under an existing fence along the property line. Vacating this portion of the utility easement would not adversely effect the ability to maintain the existing pipe. The Planning Commission voted 6-0-0 in favor of this request on Monday, November 22, 2004. BUDGETIMPACT None. t Ll E n19t3ic►:ic eloWl" AN ORDINANCE APPROVING VAC 04-1255 SUBMITTED BY TIM MADDOX FOR PROPERTY LOCATED ON THE EAST SIDE OF 2553 FERGUSON AVENUE AS DESCRIBED ON THE ATTACHED MAP AND LEGAL DESCRIPTION. WHEREAS, the City Council has the authority under A.C.A. §14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes, and WHEREAS, the City Council has determined that the following described easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described six foot portion of utility easement: See Exhibit "A" attached hereto and made a part hereof. Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. PASSED AND APPROVED this day of , 2004. ATTEST: 0 Sondra Smith, City Clerk APPROVED: By Dan Coody, Mayor EXHIBIT "A" LOT 41, CEDARWOOD ADDITION -PHASE I, FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORD 8-111, ON FILE IN THE WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF SAID LOT 41; THENCE S86°23'06"W 31.92 FEET; THENCE N03036154"W 7.50 FEET TO THE POINT OF BEGINNING; THENCE N03036'54"W 2.50 FEET; THENCE N86°23'06"E 18.93 FEET; THENCE N06021'25"W 27.74 FEET; THENCE N83038'35"E 6.00 FEET; THENCE S06°21'25 E 30.53 FEET; THENCE S86023'06"W 25.05 FEET BACK TO THE POINT OF BEGINNING CONTAINING 239.81 SQUARE FEET MORE OR LESS. FAYETTEVILLE Pc Meeting of November 22, 2004 THE CrrY OF FAYEFIEVILLF, ARKANSAS - PLANNING DIVISION CORRESPONDENCE 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 47"75-8264 TO: Fayetteville Planning Commission Members FROM: Leif Olson, Associate Planner Brent O'Neil P.E. Staff Engineer THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: November 17, 2004 VAC .04-1255: Vacation (HANKS, pp 293) was submitted by TIM MADDOX for property located at 2553 FERGUSON AVENUE. The property is zoned RSF4, RESIDENTIAL SINGLE FAMILY 4 UNITS/ACRE, and contains approximately 0.21 acres. The request is to vacate a portion of a utility easement on the subject property for the construction of an addition to the existing structure. Findings: Vacating this utility easement would not limit access to the existing 36" drainage pipe that the city currently has installed in this location. Background: This utility easement was platted with the Cedarwood Addition'Phase I in 1979. This 25' general utility easement is currently utilized by the City of Fayetteville and contains a 36" drainage pipe. The drainage pipe is located under an existing fence along the property line. Request: The applicant requests to vacate a 6' portion of an existing general utility easement to allow for construction of an addition to the home located at 2553 Ferguson Avenue. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections AEP/SWEPCO No Objections Arkansas Western Gas No Objections SW_Bell No Objections K:VLepoMX2004\PC Reports\I 1-22-"VAC 04-1255 (Hanks).doc November 22, 2004 Planning Commission VAC 04-1255 Page 5.1 01 CITY OF FAYET TEVILLE: RESPONSE Water/Sewer No Objections Transportation Access must be maintained to the 36" drainage pipe that exists Solid Waste No Objections Engineering No Objections Public Comment: The applicant has submitted the required notification forms to the adjacent property owners. Adjacent property owners had no objections to the proposed vacation. Recommendation: Staff recommends approval of the proposed, utility easement vacation 04-1255. PLANNING COMMISSION ACTION: Yes Required Approved Denied Date: November 22, 2004 Comments- The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date CITY COUNCIL ACTION:yes Required Approved Denied Date: KAReports\2004\PC RepoPtAl 1-22-04\VAC 04-1255 (Hanks).doc November 22, 2004 Planning Commission VAC 04-1255 Page 5.2 161.07 District Rsf4, Residential Single -Family — Four Units Per Acre (A)Purpose. The RSF4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right - Unit 8 I Sin le-fami snwejjjng (2) Conditional uses. Unit 2 . wide uses condiaonal use Permit Unit 3 public rotection and facilities Unit 4 "Rural and recreational facNes Unit 9 Tvro-tams dwelli s Unit 24 Home ocm adore Unit 36 tKnreless canmuni bom faa7ities (C) Density. Single-family Two-famRy - dwe ' s develfincls, Units nacre 4 or Was I 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwelt g s um width ELWOtarea 70 R 80 tL ini num rea per nit 8,000 . ft 8,000 sq. R 12,000 it 6,000 sq. & (E) Setback requirements. FrontI Side I Rear 25RI 8ft I 20R 71 (F) Height. None. (G) Building area. On any lot the area occupied. by all buildings shall not exceed 40% of the total area of such lot. (Cade 1991, § 160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) K:Wcportst2004\PC Rcportsll 1-22-04\VAC 04-1255 (Hanks).doc November 22, 2004 Planning Commission . VAC 04-1255 Page 53 0 s� 0 H CD 0 0 41 I i 00 i 94.90 i Xi _o 2 0 L1Jlannin Commission VAC 044255 Page 5.4� 3b �'► F,nsnnb LOT 41 vwvr�rAr CZDARWOOD ADDITION HOUSE FFr ; z g � a o o4 Q L 20' UWTr SITE PLAN A R040ML FOR: o HANKS RESIVENGE a� FAYETTEVILLE, AWANSAw A RLP. VAGATWN (HATCHED) EASTIMS R.GP. �!`f November 22, 2004 Planning Commission VAC 04-1255 Page 5.5 MMOin►®i I lok4a"W s Dawn T. Warrick Submitted By $0.00 Cost of this request n/a Account Number �— n/a Project Number Budgeted Item • City of Fayetteville Staff Review Form City Council Agenda Items Contracts 21-Dec-04 City Council Meeting Date Planning Division Action Required: tility easement located on n/a Category/Project Budget n/a Funds Used to Date n/a Remaining Balance Budget Adjustment Attached hit:(2 3-o Department Direc or � Date 4�� 1 2L City Attorney Date P Operations Department east side of 2553 Ferguson n/a Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Previous Ordinance or Resolution # n/a Original Contract Date: n/a Original Contract Number: n/a Received in City Clerk's Office Received in Mayor's Office Mayor !� D /2 16 h) From: Clarice Pearman To: Thomas, Renee Subject: Exhibit Bs Renee, Please get me Exhibit B for item VAC 04-1255 and VAC 04-1279. There are maps in the backup for these items but none of them say which is Exhibit B. Thanks. From: Clarice Pearman To: Thomas, Renee Date: 1/6/05 9:13AM Subject: Re: VAC 04-1255, VAC 04-1279 and VAC 04-1324 Renee, Please let me know when to expect the Exhibit B for these items. This the second request for VAC 04- 1255 and VAC 04-1279 from 12/21/04 meeting. I also need an Exhibit B for VAC 04-1324 passed by Council on 1/4/05. There are maps attached to backup but none designated as Exhibit B. These are needed for publication and filing at the courthouse. I can't publish without the exhibits nor can I file them with circuit clerk's office. Thanks. CC: Conklin, Tim; Pate, Jeremy From: Clarice Pearman To: Williams, Diane Subject: Ord. 4658 and 4659 Please hold off on publishing these items. I haven't received the Exhibit B for these items as of yet. As soon I do I'll let you know. I can't publish without them being available in our office. Thanks for your help. From: Clarice Pearman To: Thomas, Renee Date: 1/10/05 3:24PM Subject: Renee, Renee, Please let me know when to expect the Exhibit B for these items. This the third request for VAC 04-1255 and VAC 04-1279 from 12/21/04 meeting. I also need an Exhibit B for VAC 04-1324 passed by Council on 1/4/05. There are maps attached to backup but none designated as Exhibit B. These are needed for publication and filing at the courthouse. I'd like to get these publish but I can't publish without the exhibits nor can I file them with circuit clerk's office. CC: Pate, Jeremy, Conklin, Tim From: Clarice Pearman To: Pate, Jeremy Date: 1/21/05 4:04PM Subject: Ord. 4658, 4659, 4669 Attached are the ordinances passed by the City Council on December 21, 2004 and January 4, 2005 regarding approval of vacation which now include Ex. Bs. Thanks. Clarice FFIDAVIT OF PUBLICATION , do solemnly swear that I am the 3azette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: Ndvfl(W�. �Fw5was inserted in the regular editions on PO# Publication Charge: $ Subscribed and sworn to before me this V day of QQ1.000Lf 2005. Notary. Public Sharlene D. Williams Notary Public My Commission Expires: Grate of Arkansas My Commission Expires October 18, 2014 Please do not pay from Affidavit. An invoice will be sent. REC1=IVED JAN � 4 2005 cr. v' P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX) 0 • AN ORDINANCE APPROVING VAC N-1255 SUBMIT- e egle TED BY TIM MADDOX OR PROPERTY LOCATED ON THE EAST SIDE OF 2553 FERGUSON AVENUE YAS DESCRIBED ON THE ATTACHED MAP AND LEGAL DESCRIPTIONA B wNBRB48r the City CounGl has the euihafly under 'I A.C.A. § 14-54-104 to vacate Public grounds a POWZIOns thereof which are rot required for Carporete Purposes, and - wmnm'Hr'ths City COMO! free detarinhW that the toWng described easement is rot required la cmmate ourcceae. NOWr THEREPORBr BH R ORDAINED BY TNH CRY TBVILLHr ARNANSA&- COUNCIL OF THE CRY OP PAYHT- Section 1: That the CdY of Fayettevlle, Arkansas hereby'vamtes and abargans el of Its rightS together the rights of the public generally. in end to tha following descrbed = foot PUbDn of uNry emeasse. Sea Exlh" -A- attached hanat0 end niece a Pert hereof. Section 2: That a copy of tral Ordhergo a* caulsd by the City Clerk slag wth the nap attached hereto end labeled ExNbt -B' shell be Red In the Offs) of the Recorder of the County and recorded In the Deed Records of. the Count'. And APPROVED this 21 st day of December, 200,1. BY: IN7NDIU BIAITII, CIW CWk EXHIBIT -A- I, CEDARWOOD ADDITON—PHASE I. FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORD 8. A FILE IN i B D AS FOLLLLOW& STARTING AE WASHINGTON �HSOUTHEAST CORNER OF SAID LOCLERK'S OFFICE. TE41; THESN�CE 1'06W 31.92 FEET, THENCE NO3'36'54 W 7.50 FEET TO THE POINT OF BEGINNING; THENCE 3'S4W 2.50 FEET; THENCE N86°23'06'E 18.83 FEET, THENCE NO6°21'25'1N 27.74 FEET ;E N83.38'350E 6.00 FEET THENCE S08°21'25 E-30.53 FEET, THENCE S86'23'06'W 25.05 ACK TO THE POINT OF BEGINNING CONTAINIIr� 239.81 SQUARE FEET MORE OR LESS. B is evalla ble for Hewing in the city derk'e Office.